A writ petition against a Sub Registrar's notice objecting to an undervalued sale deed of agricultural land. The court directed registration of the sale deed within two weeks and referral of the value dispute under Section 47(A) of the Indian Stamp Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.15002 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.15002 of 2025 and W.M.P(MD)No.11219 of 2025
M.Malar Mathi ... Petitioner
vs.
The Sub Registrar, Sub Registration Office, Vathalagundu, Dindugul. ... Respondent
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the notice dated 18.10.2024 on the file of the respondent and to quash the same as arbitrary and illegal and consequently to direct the respondent to remove the entry made in the encumbrance register within a time frame stipulated by this Court and other consequential reliefs.
For Petitioner : Mr.S.Venkatesh For Respondent : Mr.S.Saji Bino Special Government Pleader *****
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandaumus, to quash the notice dated 18.10.2024 on the file of the
1/4
W.P(MD)No.15002 of 2025
respondent and to direct the respondent to remove the entry made in the encumbrance register within a time frame stipulated by this Court.
2.The petitioner has executed the sale deed by purchasing a larger extent. However, the respondent is objecting to the same, since it is purchased as agricultural land rather than plots. Through the notice, dated 18.10.2024, it is stated that the value of the property would be more than what it has been stated in the sale deed intended to be registered.
3.This Court is of the considered opinion that the show cause notice
is directing the petitioner to pay the higher value. The respondent cannot insist the payment of higher value without registering the sale deed. Therefore, the respondent is directed to register the sale deed and refer the matter under Section 47(A) of the Indian Stamp Act. The petitioner would adhere to the orders that would be passed under Section 47(A) of the Indian Stamp Act or in any appeal remedy, if it is available to him. Therefore, the respondent is directed to register the sale deed within a period of two weeks from the date of receipt of a copy of this order.
4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous
2/4
W.P(MD)No.15002 of 2025
petition is closed.
03.06.2025
NCC : Yes / No Index : Yes / No Internet : Yes
Tmg
To:
The Sub Registrar, Sub Registration Office, Vathalagundu, Dindugul.
3/4
W.P(MD)No.15002 of 2025
S.SRIMATHY, J.
Tmg
ORDER MADE IN W.P(MD)No.15002 of 2025
DATED : 03.06.2025
4/4
1 issue framed by the court
Can the Sub Registrar insist on payment of a higher stamp value without registering the sale deed, or must registration proceed with referral under Section 47(A)?
2 provisions across 2 enactments
M.Malar Mathi
The Sub Registrar, Sub Registration Office, Vathalagundu, Dindugul
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
